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Issues with Appointment of Election Commissioner Current Affairs English.pdf
1. RACE IAS
Issues with Appointment of Election Commissioner
Why in news?
The ongoing hearing before the Supreme Court on the need to have a neutral
mechanism for appointment of Election
functional independence.
What is the structure of Election Commission of India (ECI)?
Establishment - The ECI is an
authority established in 1950 for administering election
The Election Commission operates under
Constitution) and the subsequently enacted Representation of the People Act.
Elections - The body administers elections to the
o Lok Sabha
o Rajya Sabha
o State Legislative
o Office of the President
o Office of the Vice President
Composition - Originally the commission had only a Chief Election
Commissioner (CEC).
Since 1993, it has become a multi
Commissioner and two Election Comm
Article 324(2) empowers the President of India to fix from time to time the
number of Election Commissioners other than the CEC.
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RACE IAS
Issues with Appointment of Election Commissioner
The ongoing hearing before the Supreme Court on the need to have a neutral
mechanism for appointment of Election Commissioners raises questions on the body’s
Election Commission of India (ECI)?
The ECI is an autonomous permanent constitutional
established in 1950 for administering election processes in India.
The Election Commission operates under Article 324 (Part XV of the
and the subsequently enacted Representation of the People Act.
The body administers elections to the
State Legislative Assemblies
Office of the President
Office of the Vice President
Originally the commission had only a Chief Election
Since 1993, it has become a multi-member commission with Chief Election
Commissioner and two Election Commissioners (ECs).
Article 324(2) empowers the President of India to fix from time to time the
number of Election Commissioners other than the CEC.
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Issues with Appointment of Election Commissioner
The ongoing hearing before the Supreme Court on the need to have a neutral
Commissioners raises questions on the body’s
autonomous permanent constitutional
processes in India.
Article 324 (Part XV of the
and the subsequently enacted Representation of the People Act.
Originally the commission had only a Chief Election
member commission with Chief Election
Article 324(2) empowers the President of India to fix from time to time the
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If the CEC and other ECs differ in opinion on any matter, such matter shall be
decided by according to the opinion of the majority.
Appointment - The President appoints Chief Election Commissioner and
Election Commissioners.
Tenure - They have tenure of 6 years, or up to the age of 65 years, whichever is
earlier.
They enjoy the same status and receive salary and perks as available to Judges
of the Supreme Court of India.
Removal - The Chief Election Commissioner can be removed from office only
through impeachment by Parliament.
State level - At the state level, the election work is supervised, subject to overall
superintendence, direction and control of the Commission, by the Chief
Electoral Officer of the State.
What are the major functions of the ECI?
Political parties - Election Commission is responsible for conducting free and
fair elections across the country.
The ECI is involved in the registration of political parties and ensures inner party
democracy.
The registered political parties are granted recognition at the State and National
levels by the ECI according to criteria prescribed by it.
The ECI ensures a level playing field for the political parties through strict
observance by them of a Model Code of Conduct.
Advisory jurisdiction - The Commission has advisory jurisdiction in the matter
of post-election disqualification of sitting members of Parliament and State
Legislatures.
The cases of persons found guilty of corrupt practices at elections which come
before the Supreme Court and High Courts are referred to the ECI for its
opinion.
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The opinion of the Commission in all such matters is binding on the President
or the Governor to whom such opinion is tendered.
Quasi-judicial functions - The Commission settles disputes between the
splinter groups of recognised parties.
The Commission has the power to disqualify a candidate who has failed to
lodge an account of his election expenses within the time and in the manner
prescribed by law.
The Commission has also the power for removing or reducing the period of
such disqualification as also other disqualification under the law.
What are the provisions available for ECI’s independence?
Removal - The Chief Election Commissioner can be removed from office only
through impeachment by Parliament.
The procedure is similar to the process of removal of Supreme Court judge.
Election Commissioners cannot be removed from office except upon the
recommendation of the CEC.
Service conditions – The service conditions of CEC cannot be varied to their
disadvantage after the appointment.
What is the current issue with appointments?
Appointments- At present, the CEC and ECs are appointed by the president on
the advice of the Cabinet under Transaction of Business Rules, 1961 of the
Union cabinet.
The current convention is to appoint ECs, and elevate them as CEC on the basis
of seniority.
The issue is related to the
o likelihood of bias in the appointments
o possibility of biased conduct by CEC and ECs in the future
o scope for personal whimsy in appointments of EC
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Given the Court’s vocal concern about the ECI’s independence, the question is
whether the Commissioners should be appointed on the recommendation of a
high-powered committee independent body.
Tenure – The Court has questioned the practice of appointing CECs close to the
age of 65 so that they have only a brief tenure.
Equal tenure security for CEC and Election Commissioners will boost their
independence.
The ECs must also be provided with security of tenure as they can be removed
from office on the CEC’s recommendation.
Sovereign Green Bonds (SGrB)
Why in news?
The Government and the RBI decided to issue sovereign green bonds during
4th
quarter (Q4) of FY23.
What are sovereign green bonds (SGrB)?
Sovereign green bond - A sovereign green bond is a debt instrument issued by
the central or state government to borrow money from investors.
It is based on the commitment that the mobilised fund will be spent on climate
or eco-system related activities.
Classification - A project is classified “green” on the basis of four key principles
which include
o Encouraging energy efficiency in resource utilisation
o Reducing carbon emissions and greenhouse gases
o Promoting climate resilience
o Improving natural ecosystems and biodiversity
Need:
o To reduce the carbon intensity of the economy
o To mobilise resources for green infrastructure
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o To achieve objectives, such as climate change mitigation, net-zero,
climate change adaptation, environment protection, and natural resource
conservation
o To target global financial resources for financing climate actions
How are they different from conventional government bonds?
Conventional government bonds - Government bonds or government
securities (G-Secs) are normally categorised into two types.
Treasury Bills - Treasury Bills have a maturity of less than one year and they do
not carry coupon rates.
These are issued at a discount, while redeemed at face value.
Dated or long-term securities - They are issued for a period above 1 year and
up to 40 years.
These bonds carry coupon rates and are tradable in the securities market.
Sovereign green bond - SGrB is one form of dated security.
It will have a tenor and interest rate.
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Money raised through SGrB is part of overall government borrowing.
SRgB may carry lower interest rate than that for regular government
borrowings.
What are the key features of the SGrB framework?
Proceeds - The proceeds from the Sovereign Green bonds will be deposited to
the Consolidated Fund of India (CFI) in line with the regular treasury policy.
Buyers- Both domestic and international investors are expected to be interested
in SGrB.
Green projects - It includes renewable energy, energy efficiency, clean
transportation, climate change adaptation, green building, sustainable water
and waste management, pollution prevention and control, terrestrial and
aquatic biodiversity conservation projects, etc.
No go areas - The framework also lists no-go areas for SGrb such as nuclear
power generation, direct waste incineration, alcohol, weapons, tobacco, gaming,
palm oil industries etc.
Green Finance Working Committee - For evaluating and selecting a particular
project, the framework talks about a Green Finance Working Committee
(GFWC).
Allocation - The allocation and utilisation of green bonds will be under the
purview of the Comptroller and Auditor General.
SOP - A second opinion provider (SOP) of green bond frameworks, has
reviewed India’s green bond framework and approved its alignment with the
ICMA Green Bond Principles.
International Capital Market Association (ICMA)
ICMA is a not-for-profit association under the Swiss Civil Code.
The association is headquartered in Zurich, Switzerland.
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ICMA brings together members through regional and sectoral committees
focusing on a comprehensive range of market practice and regulatory issues,
prioritising sustainable finance.
Assam-Meghalaya Border Dispute
Why in news?
Tension gripped the Assam-Meghalaya border areas after six people were killed when
police intercepted a truck that was allegedly smuggling timber.
What is the incident about?
The Firing - There was an alleged clash between the Assam Police and a mob in
an area bordering the West Karbi Anglong district of Assam and Mukroh village
in Meghalaya’s West Jaintia Hills.
Six people were killed out of which five are from Meghalaya.
Assam’s point - The Assam Police has claimed that they opened fire in self
defence after a mob surrounded them when they were trying to intercept a
truck allegedly smuggling timber.
Assam has announced a one-man inquiry commission under a retired High
Court judge to probe the issue.
Meghalaya’s stand - Meghalaya Chief Minister termed the Assam Police’s
actions “inhuman” and said the state will set up a judicial commission and a
Special Investigation Team until a central agency takes over.
What is the border dispute between the two states?
Assam and Meghalaya share an 885-km border.
In 1970, Meghalaya was carved out of Assam as an autonomous state.
In 1972, Meghalaya became a full-fledged state following the Assam
Reorganisation (Meghalaya) Act of 1969.
The Meghalaya government found the Act unacceptable.
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As many as 12 land dispute points have been a bone of contention, out of
which 6 areas have found some type of resolution after signing a memorandum
of understanding (MoU) between the two states.
Langpih in the West Garo Hills bordering the Kamrup district of Assam is a
major flashpoint.
Langpih was part of the Kamrup district during the British colonial period, but
post-Independence, it became part of the Garo Hills and Meghalaya.
Meghalaya claims that the border problem in Langpih has been created by
Assam, which has often set up police posts there.
What efforts have been taken to resolve the issue?
1983 - A joint official committee recommended that the Survey of India should
re-delineate the border, teaming up with both the states.
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1985 - An independent panel, spearheaded by Justice YV Chandrachud, was set
up but Meghalaya denounced the report.
1991 - About 100 km of the border was demarcated with the help of the Survey
of India, but Meghalaya protested strongly.
2011 - The Meghalaya Assembly passed a resolution for intervention of the
Centre and the establishment of a boundary commission.
The Centre asked the two governments to appoint nodal officers to discuss the
dispute.
2019 - Meghalaya urged the Supreme Court to direct the Centre to resolve the
dispute but the petition was turned down.
2022 - Assam and Meghalaya signed a draft resolution as a first step towards
resolving a 50-year-old dispute.
A MoU was signed between Assam Chief Minister and his Meghalaya
counterpart in the presence of Home Minister Amit Shah in New Delhi which
sought closure in 6 disputed sectors.
The second phase of border talks decided to form three regional committees to
resolve issues in the remaining disputed areas.